By Harold Pease, Ph.D.
At least twenty states feel threatened by Joe Biden’s efforts to disarm Americans by federal laws if possible, otherwise by executive orders (decrees), proclamations or any other executive action—all unconstitutional. The Second Amendment of the Constitution “the right of the people to keep and bear Arms, shall not be infringed” an armed populace “being necessary to the security of a free State” is foundational to freedom. Biden’s nomination of former ATF special agent David Chipman as ATF director, notably hostile to this constitutional wordage, has caused these states to line up to nullify any federal action on this freedom. America will not be disarmed!
That list is Article I, Section 8, which identifies only four areas for ANY federal authority: these being the power to: tax, borrow, provide for the general welfare and common defense. To prevent the federal government from enlarging, at their discretion, the last two are each limited by seven additional clauses. General welfare are Clauses 2-8 and nothing here gives a president any authority over a person’s weapons. Even more blatant is Amendment 2 specifically denying any authority as noted in the amendment.
Nullification of federal action is justified on the basis of three constitutional measures. 1) The executive branch has no independent law-making power. Only congress can make law. 2) Amendment 10 of the Bill of Rights denies the federal government any power not delegated (listed) in the Constitution and reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
3) The Bill of Rights was formed after the Constitution was implemented as the first changes to it. Think of these ten changes as a specific list of “thou shalt not” areas forbidden the government. These had to undergo further scrutiny. Proposals had to receive the approval of 3/4ths of the states as required by Article V. One of these forbidden areas was “the right of the people to keep and bear Arms, shall not be infringed.” Biden, or any other president, attempting to do so should be impeached.
No state should have to use the Doctrine of Nullification, the 10th Amendment, to block a president or a congress from doing what is already forbidden!
Some remember the 2013 Sheriff’s Rebellion where “336 elected county sheriffs signed pledges that they will not enforce any unconstitutional gun control laws or executive orders”—they would not be enforcing Barack Obama’s gun right decrees. “The Utah Sheriffs’ Association made the strongest statement aimed directly at the President. “We, like you, swore a solemn oath to protect and defend the Constitution of the United States, and we are prepared to trade our lives for the preservation of its traditional interpretation” (“2013, Year of Resistance,” LibertyUnderFire.com, 2014). Many believe the Biden Administration is Obama’s third term as over 100 of Biden’s appointees previously served with Obama.
Others remember the 2019 Sanctuary County Rebellion when 179 counties designated themselves as Second Amendment sanctuary counties (See “Second Amendment Sanctuary Counties. ‘We will not Comply,’” 2019, LibertyUnderFire.org ). This movement has accelerated. As of June 20, 2021 there are 1,930 counties “protected by Second Amendment Sanctuary legislation at either the state or county level,” representing 61% of 3,141 counties and county equivalents in all 50 states and the District of Columbia.” (“61% of U.S. counties now ‘Second Amendment sanctuaries,’” Bethany Blankley, The Center Square Contributor, Jul 4, 2021, Olean Times Herald July 27, 2021).
Sheriff associations remain behind the counties as well. A recent Utah letter of support signed by all 29 Utah sheriffs says it all, “We hereby recognize a significant principle underlying the Second Amendment: the right to keep and bear arms is indispensable to the existence of a free people.”
Sanctuary states include: Alaska, Kansas, Idaho, Wyoming, Arizona, Nebraska and Missouri. Texas joins September 1st. (What is a ‘Second Amendment Sanctuary’ State, and what would happen if Texas became one? Chad Lyle, El Paso Times April 9, 2021). Wyoming made it clear what would happen to federal agents attempting to enforce their alterations of the amendment. It passed their “Firearm Protection Act,” which threatened federal officials with up to five years in prison and $5,000 in fines if convicted of attempting to enforce unconstitutional statutes or decrees infringing on the gun rights of Wyoming citizens (‘We will not Comply’). More states need consequences for federal agents attempting to enforce unconstitutional measures.
There remains one other point almost never mentioned. The Second Amendment gives America a two-tiered level of defense from enemies foreign and domestic which would not exist without this amendment. Should a rogue executive branch use the military to take over America they still have to deal with an armed populous. Should China or any other foreign country, or a combination of countries under the UN, destroy our military all freedom is destroyed by that defeat alone. But unlike other countries without this Amendment, we are not yet fully conquered, they must also deal potentially with every American with a gun hiding and shooting behind every tree and rock in this land—This they really fear.
The Second Amendment was never intended to be the armed forces; that was provided elsewhere. The word militia used in the Amendment was, and always will be so long as men are free, the armed citizen. Tyrants will always fear the armed citizen and work to remove weapons from their intended subjects.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org.